JustAnswer
|Exam Results |
|LAW AND THE JUDICIAL SYSTEM |
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|Please print a copy of this evaluation if you wish to retain it for your records. This exam will be available for you to view and |
|print for 30 days only. |
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|Student Number |
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|Date Graded |
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|05/06/14 |
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|Examination |
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|060468RR |
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|Grade |
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|80 |
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|Document ID |
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|259062512 |
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|[pic] |
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|Question Number |
|Your Answer |
|Answer |
|Reference |
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|[pic] |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
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|1. |
|C |
|Correct |
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|2. |
|A |
|Correct |
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|3. |
|A |
|Incorrect |
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|4. |
|C |
|Incorrect |
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|5. |
|A |
|Correct |
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|6. |
|C |
|Correct |
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|7. |
|D |
|Correct |
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|8. |
|D |
|Correct |
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|9. |
|D |
|Correct |
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|10. |
|C |
|Correct |
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|11. |
|D |
|Correct |
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|12. |
|D |
|Correct |
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|13. |
|A |
|Correct |
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|14. |
|B |
|Correct |
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|15. |
|B |
|Correct |
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|16. |
|C |
|Correct |
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|17. |
|C |
|Correct |
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|18. |
|C |
|Incorrect |
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|19. |
|B |
|Correct |
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|20. |
|D |
|Incorrect |
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|You earned a passing grade on this exam. You are eligible for a one time retake to better your grade and you will receive the higher |
|of the 2 grades. You have 30 days to complete a retake. If you choose not to retake the exam within the 30 days, the grade you |
|received on this exam will be awarded. |
|Your answers will be on file for 30 days. Notify us within 30 days if you have questions about your test score. You can take your |
|exams online. |
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|Questions Answered Incorrectly |
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|3. Rosa sues her neighbor. Rosa's lawyer relies on persuasive precedent. Which of the following statements is true? |
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|[pic]A. The court should disregard the precedent unless it's from a U.S. Supreme Court case. |
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|[pic]B. The court must follow the precedent because it's binding. |
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|[pic]C. The court must overturn the precedent because it's not binding. |
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|[pic]D. The court is free to follow or ignore the persuasive precedent. |
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|Student Answer: A |
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|Answer: Incorrect |
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|Reference: |
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|4. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar |
|statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New |
|Jersey's statute unconstitutional. Carl is wrong because |
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|[pic]A. only federal courts can create binding precedent. |
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|[pic]B. out-of-state cases aren't binding precedent in state courts. |
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|[pic]C. more than one court has to rule a certain way before precedent is established. |
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|[pic]D. state courts aren't bound by precedent. |
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|Student Answer: C |
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|Answer: Incorrect |
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|Reference: |
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|18. April's attorney informs her that they've been served with interrogatories. Which of the following is true? |
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|[pic]A. April will be required to submit to a physical examination. |
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|[pic]B. April will be required to make oral statements in front of a court stenographer. |
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|[pic]C. April's attorney will have to answer questions under oath about the case. |
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|[pic]D. April will have to answer questions under oath about the case. |
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|Student Answer: C |
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|Answer: Incorrect |
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|Reference: |
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|20. Rachel's lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case |
|involves |
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|[pic]A. judicial interpretation of a statute with ambiguous and unclear language. |
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|[pic]B. common law. |
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|[pic]C. constitutionality of a statute, administrative regulation, or executive action. |
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|[pic]D. an appellate court. |
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|Student Answer: D |
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|Answer: Incorrect |
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|Reference: |
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|Exam Results |
|BUSINESS ORGANIZATIONS |
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|Please print a copy of this evaluation if you wish to retain it for your records. This exam will be available for you to view and |
|print for 30 days only. |
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|Student Number |
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|Date Graded |
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|05/06/14 |
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|Examination |
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|060469RR |
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|Grade |
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|75 |
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|Document ID |
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|259259109 |
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|[pic] |
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|Question Number |
|Your Answer |
|Answer |
|Reference |
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|[pic] |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
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|1. |
|D |
|Correct |
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|2. |
|C |
|Correct |
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|3. |
|A |
|Correct |
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|4. |
|A |
|Correct |
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|5. |
|A |
|Incorrect |
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|6. |
|D |
|Correct |
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|7. |
|A |
|Correct |
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|8. |
|B |
|Correct |
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|9. |
|C |
|Correct |
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|10. |
|C |
|Incorrect |
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|11. |
|C |
|Correct |
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|12. |
|D |
|Correct |
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|13. |
|A |
|Correct |
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|14. |
|D |
|Incorrect |
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|15. |
|B |
|Correct |
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|16. |
|C |
|Correct |
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|17. |
|C |
|Incorrect |
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|18. |
|A |
|Correct |
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|19. |
|C |
|Incorrect |
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|20. |
|D |
|Correct |
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|You earned a passing grade on this exam. You are eligible for a one time retake to better your grade and you will receive the|
|higher of the 2 grades. You have 30 days to complete a retake. If you choose not to retake the exam within the 30 days, the |
|grade you received on this exam will be awarded. |
|Your answers will be on file for 30 days. Notify us within 30 days if you have questions about your test score. You can take |
|your exams online. |
|Questions Answered Incorrectly |
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|5. Sidney and Nikki are law partners in a general partnership. Nikki decides to take a position at another law firm. Nikki notifies Sidney |
|that she's leaving the partnership. This set of facts constitutes a dissociation and dissolution by |
|[pic]A. operation of law. |
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|[pic]B. act of a partner. |
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|[pic]C. judicial decree. |
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|[pic]D. consent. |
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|Student Answer: A |
|Answer: Incorrect |
|Reference: |
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|10. Company A, Inc., and Company B, Inc., are merging. Which of the following statements regarding this merger is true? |
|[pic]A. Neither company will exist after the merger. |
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|[pic]B. One of the two companies will exist after the merger. |
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|[pic]C. A newly created third company will exist after the merger. |
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|[pic]D. Both companies will exist after the merger. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|14. Robert owns shares in Products, Inc., and suspects that Zach, one of the directors of the company, has been stealing corporate assets. |
|Robert complains to the corporation, but no action is taken. Robert should file a |
|[pic]A. derivative suit against Zach on behalf of Products, Inc. |
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|[pic]B. direct suit against Products, Inc. |
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|[pic]C. direct suit against Zach. |
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|[pic]D. derivative suit against Products, Inc., on his own behalf. |
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|Student Answer: D |
|Answer: Incorrect |
|Reference: |
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|17. Jennie owns shares in Superstore, Inc. A vote about whether Superstore should expand its operations to China is coming up. Jennie thinks|
|this is a good idea, but she doesn't own enough shares to control the outcome of the vote. Jennie could increase the chance that the vote will|
|go her way by |
|[pic]A. offering to give someone else a proxy. |
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|[pic]B. entering into a pooling agreement. |
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|[pic]C. making a shareholder proposal. |
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|[pic]D. filing a derivative suit. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|19. Steve decides to incorporate his business, but he thinks it's too expensive to hire an attorney to advise him of the requirements. Steve|
|merely changes the name on the sign outside from Steve's to Steve, Inc. One of Steve's customers brings suit against Steve, Inc., based on an |
|allegedly defective product sold through his business. Steve defends on the basis that Steve, Inc., doesn't exist. Which of the following |
|statements about this set of facts is true? |
|[pic]A. Steve is wrong; a de facto corporation exists. |
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|[pic]B. Steve is wrong; a de jure corporation exists. |
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|[pic]C. Steve is correct; no corporation exists. |
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|[pic]D. Steve is wrong; a corporation by estoppel exists. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
|Exam Results |
|CONTRACTS, PART 1 |
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|Please print a copy of this evaluation if you wish to retain it for your records. This exam will be available for you to view|
|and print for 30 days only. |
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|Student Number |
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|Date Graded |
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|05/06/14 |
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|Examination |
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|060470RR |
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|Grade |
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|35 |
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|Document ID |
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|256440869 |
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|[pic] |
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|Question Number |
|Your Answer |
|Answer |
|Reference |
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|[pic] |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
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|1. |
|A |
|Incorrect |
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|2. |
|C |
|Correct |
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|3. |
|D |
|Incorrect |
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|4. |
|D |
|Incorrect |
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|5. |
|B |
|Correct |
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|6. |
|A |
|Incorrect |
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|7. |
|B |
|Correct |
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|8. |
|C |
|Incorrect |
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|9. |
|C |
|Incorrect |
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|10. |
|C |
|Incorrect |
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|11. |
|B |
|Correct |
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|12. |
|B |
|Incorrect |
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|13. |
|C |
|Correct |
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|14. |
|B |
|Incorrect |
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|15. |
|B |
|Incorrect |
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|16. |
|C |
|Incorrect |
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|17. |
|A |
|Correct |
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|18. |
|B |
|Incorrect |
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|19. |
|C |
|Correct |
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|20. |
|C |
|Incorrect |
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|Your grade is below passing. You have another opportunity to earn a passing grade. Review the exam results, then retake the |
|exam. Please keep in mind that you have 30 days to complete the retake and you will receive the higher of your 2 scores. If |
|the retake is not completed within 30 days, then the score you received on this exam will be awarded. |
|Your answers will be on file for 30 days. Notify us within 30 days if you have questions about your test score. You can take |
|your exams online. |
|Questions Answered Incorrectly |
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|1. Camille and Paul go to a bar, and Camille has too much to drink. Camille agrees to paint Paul's house for an agreed-on price. Camille |
|sobers up the next day and decides she wants out of the contract. Which of the following provide Camille with the best argument for getting |
|out of the contract? |
|[pic]A. Camille's judgment was impaired by the alcohol. |
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|[pic]B. Emotional duress |
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|[pic]C. Camille's intoxication deprived her of the ability to understand she was entering into a contract. |
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|[pic]D. The contract price is too low. |
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|Student Answer: A |
|Answer: Incorrect |
|Reference: |
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|3. Angela, age 14, contracts to purchase medicine from the pharmacy. She and the pharmacist both know that she needs this medicine to live |
|and that it's not being provided to her by anyone else. Which of the following is true? |
|[pic]A. The contract can be avoided by Angela on grounds of duress. |
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|[pic]B. The contract is against public policy. |
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|[pic]C. The pharmacist can enforce the contract. |
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|[pic]D. Angela can avoid the contract on grounds of lack of capacity. |
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|Student Answer: D |
|Answer: Incorrect |
|Reference: |
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|4. Larry thinks the necklace owned by Samantha is worth a million dollars. Larry offers a million dollars to Samantha for the necklace, and |
|she accepts. Later, Larry has the necklace appraised and learns it's worth only $10,000. Which of the following is true? |
|[pic]A. Larry can have the contract set aside on grounds of mistake. |
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|[pic]B. Larry can have the contract set aside on grounds of capacity. |
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|[pic]C. Larry can't have the contract set aside on grounds of mistake. |
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|[pic]D. Samantha has the right to rescind the contract and have the necklace returned. |
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|Student Answer: D |
|Answer: Incorrect |
|Reference: |
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|6. Tom is selling his motorcycle to Carl. Tom tells Carl that the motorcycle runs perfectly, though he knows that the motorcycle leaks oil. |
|Carl purchases the motorcycle and discovers the problem. Which of the following is true? |
|[pic]A. Tom committed fraud in the inception. |
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|[pic]B. Tom hasn't committed fraud. |
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|[pic]C. Tom committed passive fraud. |
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|[pic]D. Tom committed active fraud. |
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|Student Answer: A |
|Answer: Incorrect |
|Reference: |
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|8. Which of the following is a necessary element both for fraud and for misrepresentation? |
|[pic]A. The intent to deceive |
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|[pic]B. A false statement |
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|[pic]C. A fiduciary relationship |
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|[pic]D. A hidden problem |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|9. Madison enters into a contract with a DVD club to purchase four DVDs during the coming year. The agreement provided that she would |
|receive an advertisement listing the main selections, which would be sent to her automatically, unless she sent a reply to stop the shipment. |
|The DVD club sent the first month's advertisement and Madison did nothing. When Madison later received the main selection for that month she |
|complained that she hadn't accepted it. Must Madison pay for it? |
|[pic]A. Yes, because the price is fair. |
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|[pic]B. No, because Madison didn't specifically order the goods. |
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|[pic]C. No, because her silence in this case didn't constitute acceptance. |
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|[pic]D. Yes, because her silence in this case constituted acceptance. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|10. Candice hires Otto to work as a tax preparer in Candice's tax return business. The employment contract restricts the ability of Otto to |
|set up a competing business or engage in tax preparation services if Otto leaves Candice's employ. Otto discovers he likes this kind of work |
|and wants to set up his own tax return business. He asks you whether the restrictions in his contract with Candice will be enforceable. You |
|should tell him that |
|[pic]A. any restriction regarding employment is unenforceable as against public policy. |
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|[pic]B. any restriction regarding employment will be enforceable as long as there was adequate consideration. |
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|[pic]C. restrictive covenants regarding future employment will be enforceable if the value of the consideration given for the covenant equals |
|the value of the income loss that would be caused by enforcing the agreement. |
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|[pic]D. restrictive covenants regarding future employment will be enforceable if they're reasonable. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|12. Josh runs over Barbara's dog. Barbara promises not to sue Josh if he pays her $200. Josh pays $200. Then Barbara sues, claiming an |
|agreement not to sue doesn't constitute consideration. Which of the following is true? |
|[pic]A. Agreement not to sue is consideration. |
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|[pic]B. Such contracts violate public policy and therefore are unenforceable. |
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|[pic]C. Agreement not to sue isn't consideration. |
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|[pic]D. Agreement not to sue is consideration only if it approximates what a court would have awarded. |
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|Student Answer: B |
|Answer: Incorrect |
|Reference: |
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|14. Daisy contracts with Mike that in exchange for $50 Daisy won't whistle for a week. This contract is |
|[pic]A. enforceable only if Daisy is a musician who whistles for a living and would suffer significant income loss by not whistling for a |
|week. |
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|[pic]B. not enforceable due to lack of consideration. |
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|[pic]C. unenforceable due to fraud. |
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|[pic]D. enforceable. |
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|Student Answer: B |
|Answer: Incorrect |
|Reference: |
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|15. Patty visits Big Grocery store and sees a table with bananas on it. Patty picks up a bunch of bananas, walks to checkout, and hands them|
|to the cashier. This is |
|[pic]A. an express contract. |
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|[pic]B. an implied-in-law contract. |
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|[pic]C. no contract. |
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|[pic]D. an implied-in-fact contract. |
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|Student Answer: B |
|Answer: Incorrect |
|Reference: |
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|16. At his 80th birthday party, Graham declares that Elsie is his favorite grandchild and that he will leave Elsie $100,000 on his death. |
|Sadly, Graham dies just three days later. No provision of his will leaves Elsie the $100,000. Elsie files a breach of contract claim against |
|Graham's estate. The most likely result is that Elsie will lose because no contract existed due to lack of |
|[pic]A. agreement and consideration. |
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|[pic]B. contractual capacity and form. |
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|[pic]C. form and agreement. |
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|[pic]D. contractual capacity and consideration. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
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|18. Carlos promises to pay $100 for someone to paint his house. Timothy hears about the offer and paints Carlos's house on 123 Oak Street. |
|However, Carlos intended that his other house, at 456 Maple Street, be the one to be painted and refuses to pay Timothy, claiming that there's|
|no contract because they never discussed which house would be painted. If Carlos has a legal right to payment, it's most likely based on |
|[pic]A. express contract. |
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|[pic]B. implied-in-fact contract. |
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|[pic]C. fraud. |
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|[pic]D. implied-in-law contract. |
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|Student Answer: B |
|Answer: Incorrect |
|Reference: |
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|20. Manny says to Carmela, "I'll paint your house for $100." Carmela says "I accept, provided you also wash the windows." Under common law, |
|the most likely result in this case is that there's |
|[pic]A. no contract. |
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|[pic]B. a contract to paint for $100. |
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|[pic]C. a contract to paint and wash for $100. |
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|[pic]D. a contract to paint and wash for an amount yet to be determined. |
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|Student Answer: C |
|Answer: Incorrect |
|Reference: |
|Exam Results |
|CONTRACTS, PART 2 |
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|Please print a copy of this evaluation if you wish to retain it for your records. This exam will be available for you to view|
|and print for 30 days only. |
| |
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|Student Number |
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|Date Graded |
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|05/06/14 |
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|Examination |
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|060471RR |
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|Grade |
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|55 |
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|Document ID |
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|256637637 |
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|[pic] |
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|Question Number |
|Your Answer |
|Answer |
|Reference |
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|[pic] |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
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|1. |
|D |
|Incorrect |
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|2. |
|D |
|Correct |
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|3. |
|D |
|Correct |
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|4. |
|D |
|Incorrect |
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|5. |
|B |
|Correct |
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|6. |
|A |
|Incorrect |
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|7. |
|A |
|Correct |
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|8. |
|D |
|Correct |
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|9. |
|D |
|Incorrect |
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|10. |
|B |
|Correct |
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|11. |
|D |
|Incorrect |
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|12. |
|B |
|Correct |
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|13. |
|C |
|Incorrect |
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|14. |
|C |
|Correct |
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|15. |
|A |
|Correct |
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|16. |
|C |
|Incorrect |
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|17. |
|D |
|Incorrect |
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|18. |
|D |
|Correct |
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|19. |
|B |
|Incorrect |
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|20. |
|A |
|Correct |
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|Your grade is below passing. You have another opportunity to earn a passing grade. Review the exam results, then retake the |
|exam. Please keep in mind that you have 30 days to complete the retake and you will receive the higher of your 2 scores. If |
|the retake is not completed within 30 days, then the score you received on this exam will be awarded. |
|Your answers will be on file for 30 days. Notify us within 30 days if you have questions about your test score. You can take |
|your exams online. |
|Questions Answered Incorrectly |
| |
|1. James leases an apartment to Kyle for $900 per month rent. The written lease contains no prohibition against assignment, nor does it |
|expressly permit assignment. Kyle assigns his rights to Harley without any consideration. James finds out and objects. The assignment is |
|[pic]A. invalid because the lease didn't expressly permit assignment. |
| |
|[pic]B. valid because there's no consideration for the assignment. |
| |
|[pic]C. valid because the written lease didn't prohibit it. |
| |
|[pic]D. invalid because James didn't consent to the assignment. |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|4. Tom and Zeke enter into a contract for Tom to paint Zeke's house for $1,000 by August 5th. Tom paints half of the house on August 6th, |
|then demands pay. Which of the following is false? |
|[pic]A. Tom's duties are discharged under the doctrine of substantial performance. |
| |
|[pic]B. Zeke may have to pay if payment is a condition precedent to the duty to paint. |
| |
|[pic]C. Tom may not be in breach if the contract doesn't make time of the essence. |
| |
|[pic]D. The contract doesn't violate the statute of frauds. |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|6. Sara purchases life insurance on her own life and makes her husband, Dean, the beneficiary. Sara dies. Dean applies to the insurance |
|company for payment of the proceeds. The insurance company denies payment, pointing out that Dean didn't sign the contract and therefore |
|doesn't have privity of contract. Dean is |
|[pic]A. not entitled to the proceeds because he doesn't have privity of contract. |
| |
|[pic]B. entitled to the proceeds as an incidental beneficiary. |
| |
|[pic]C. entitled to the proceeds as an intended beneficiary. |
| |
|[pic]D. entitled to the proceeds because he was married to Sara. |
| |
|Student Answer: A |
|Answer: Incorrect |
|Reference: |
| |
|9. Which of the following acts is designed to cut down on identity theft related to the use of credit cards? |
|[pic]A. Uniform Electronic Transactions Act |
| |
|[pic]B. Uniform Computer Information Transactions Act |
| |
|[pic]C. Fair and Accurate Credit Transactions Act |
| |
|[pic]D. E-Sign Act |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|11. Denise orally authorizes Shaun to sell her house. Shaun enters into a written agreement with Eric to sell him the house for $140,000. |
|Both Shaun and Eric sign the contract. Denise learns of the agreement after the fact and decides she doesn't want to sell. If the contract is |
|ruled unenforceable, the most likely reason is the __________ rule. |
|[pic]A. equal dignities |
| |
|[pic]B. parol evidence |
| |
|[pic]C. best evidence |
| |
|[pic]D. fairness |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|13. Robert contracts to paint Jake's house for $500. Robert then asks Elmer to perform the painting work for him. Elmer does a bad job, and |
|Jake wants to sue for breach of contact. Which of the following is true? |
|[pic]A. Robert is responsible for the breach of the contract only if there has been a novation. |
| |
|[pic]B. Robert is responsible for the breach of the contract. |
| |
|[pic]C. Robert isn't responsible if he gave Jake notice of the delegation. |
| |
|[pic]D. Elmer, but not Robert, is responsible for the breach. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|16. Collin purchases a house, using a loan from Big Bank. As a condition of the loan, Big Bank requires that Collin purchase life insurance |
|payable to Big Bank, to the extent of the outstanding mortgage, if Collin dies before fully paying the mortgage. Big Bank is |
|[pic]A. both a creditor beneficiary and a donee beneficiary. |
| |
|[pic]B. an intended beneficiary but not a donee beneficiary. |
| |
|[pic]C. a creditor beneficiary but not a donee beneficiary. |
| |
|[pic]D. an incidental beneficiary but not a donee beneficiary. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|17. Under tenant Lester's lease contract with landlord Mary, Lester must pay an extra $25 if his rent is more than five days late. This is |
|an example of __________ damages. |
|[pic]A. punitive |
| |
|[pic]B. nominal |
| |
|[pic]C. liquidated |
| |
|[pic]D. consequential |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|19. On June 29, Henry contracts to purchase American flags, which Henry intends to sell at the annual Fourth of July fireworks event, from |
|Liz. The contract doesn't specify a delivery date. Liz delivers the flags on July 7. Henry sues for breach of contract. Which of the following|
|will most likely happen? |
|[pic]A. Henry will win because of the standard construction rule. |
| |
|[pic]B. Liz will win because she delivered within a reasonable time. |
| |
|[pic]C. Henry will win because of the equal dignities rule. |
| |
|[pic]D. Liz will win because the contract didn't specify a delivery date. |
| |
|Student Answer: B |
|Answer: Incorrect |
|Reference: |
| |
|Exam Results |
|AGENCY AND EMPLOYMENT LAW |
| |
| |
| |
| |
| |
|Please print a copy of this evaluation if you wish to retain it for your records. This exam will be available for you to view|
|and print for 30 days only. |
| |
| |
| |
| |
|Student Number |
| |
| |
| |
|Date Graded |
| |
|05/06/14 |
| |
|Examination |
| |
|060472RR |
| |
|Grade |
| |
|55 |
| |
|Document ID |
| |
|256572101 |
| |
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|[pic] |
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|Question Number |
|Your Answer |
|Answer |
|Reference |
| |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
|[pic] |
| |
| |
|1. |
|D |
|Correct |
| |
| |
| |
|2. |
|C |
|Incorrect |
| |
| |
| |
|3. |
|D |
|Correct |
| |
| |
| |
|4. |
|D |
|Correct |
| |
| |
| |
|5. |
|D |
|Incorrect |
| |
| |
| |
|6. |
|C |
|Incorrect |
| |
| |
| |
|7. |
|C |
|Incorrect |
| |
| |
| |
|8. |
|D |
|Correct |
| |
| |
| |
|9. |
|A |
|Incorrect |
| |
| |
| |
|10. |
|C |
|Incorrect |
| |
| |
| |
|11. |
|A |
|Correct |
| |
| |
| |
|12. |
|A |
|Incorrect |
| |
| |
| |
|13. |
|C |
|Incorrect |
| |
| |
| |
|14. |
|A |
|Correct |
| |
| |
| |
|15. |
|A |
|Correct |
| |
| |
| |
|16. |
|B |
|Incorrect |
| |
| |
| |
|17. |
|B |
|Correct |
| |
| |
| |
|18. |
|C |
|Correct |
| |
| |
| |
|19. |
|A |
|Correct |
| |
| |
| |
|20. |
|C |
|Correct |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|Your grade is below passing. You have another opportunity to earn a passing grade. Review the exam results, then retake the |
|exam. Please keep in mind that you have 30 days to complete the retake and you will receive the higher of your 2 scores. If |
|the retake is not completed within 30 days, then the score you received on this exam will be awarded. |
|Your answers will be on file for 30 days. Notify us within 30 days if you have questions about your test score. You can take |
|your exams online. |
|Questions Answered Incorrectly |
| |
|2. Sal hires Antoinette to sell his house and gives her power of attorney that authorizes her to do, but the power of attorney says nothing |
|about price. Sal tells Antoinette to take nothing less than $200,000. Harry offers Antoinette $195,000 for the house, and Antoinette accepts. |
|If Sal is bound by the sale contract, the most likely reason is __________ authority. |
|[pic]A. implied |
| |
|[pic]B. actual |
| |
|[pic]C. express |
| |
|[pic]D. apparent |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|5. Billy works as a freelance writer for Big Books. Billy works in his own home and has contact with Big Books only to receive and return |
|writing projects. Billy is a/an __________ for Big Books. |
|[pic]A. employee |
| |
|[pic]B. independent contractor |
| |
|[pic]C. agent |
| |
|[pic]D. fiduciary |
| |
|Student Answer: D |
|Answer: Incorrect |
|Reference: |
| |
|6. Samantha hires Zack, a real estate agent, to sell her home. Samantha then goes sailing. While she is gone, the pipes in her house burst. |
|The agent discovers this, is unable to reach Samantha, and hires a plumber to fix the pipes. The plumber sends the bill to Samantha. If |
|Samantha has to pay, it's most likely based on agency by |
|[pic]A. implication. |
| |
|[pic]B. estoppels. |
| |
|[pic]C. appointment. |
| |
|[pic]D. necessity. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|7. Tony tries to start a union at Big Tech, Inc. His employer learns of his attempt to organize a union and fires him. Big Tech's actions |
|[pic]A. are permitted if they first give Bob notice forbidding the union. |
| |
|[pic]B. are permitted. |
| |
|[pic]C. are permitted if the state has adopted right-to-work legislation. |
| |
|[pic]D. constitute an unfair labor practice. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|9. Ted is a janitor at Big Deal, Inc. One night, Ted is cleaning the boss's office and sits in the boss's chair. At that moment, a salesman |
|walks in, thinks Ted is a manager, and offers to sell Big Deal, Inc., 700 widgets for $100 each. Ted thinks this sounds like a good deal, |
|assumes the boss will be pleased, and signs the contract as an agent for Big Deal, Inc. The boss discovers this deal the next day and is angry|
|because widgets cost $27 each. If Big Deal is obligated under the agreement, it's based on __________ authority. |
|[pic]A. implied |
| |
|[pic]B. actual |
| |
|[pic]C. express |
| |
|[pic]D. apparent |
| |
|Student Answer: A |
|Answer: Incorrect |
|Reference: |
| |
|10. The right to notice of a plant closing or massive layoffs due to sale of a business is derived from the |
|[pic]A. Antitrust Procedures and Penalties Act. |
| |
|[pic]B. Worker Adjustment and Retraining Notification Act. |
| |
|[pic]C. Hart-Scott-Rodino Antitrust Act. |
| |
|[pic]D. Employee Retirement Income Security Act. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|12. Lee hires Zeke to sell her house. She tells Zeke to ask for $200,000, but says she will take $175,000. Zeke's friend Victor asks Zeke |
|about the house, and Zeke tells him that Lee will take $175,000. Victor offers $175,000, and Zeke accepts. Zeke violated his duty of |
|[pic]A. due diligence. |
| |
|[pic]B. loyalty. |
| |
|[pic]C. obedience. |
| |
|[pic]D. account. |
| |
|Student Answer: A |
|Answer: Incorrect |
|Reference: |
| |
|13. Steve is Jason's agent, and it's within Steve's authority as Jason's agent to purchase homes on Jason's behalf. Steve contracts with |
|Albert to buy Albert's house for Jason. Steve, however, doesn't tell Albert that he's buying the house on Jason's behalf or that he's acting |
|for another individual. Under the terms of the contract, which of the following statements is true? |
|[pic]A. Only Jason can be held liable. |
| |
|[pic]B. Only Steve can be held liable. |
| |
|[pic]C. Both Steve and Jason can be held liable. |
| |
|[pic]D. Neither Steve nor Jason can be held liable. |
| |
|Student Answer: C |
|Answer: Incorrect |
|Reference: |
| |
|16. Sally works for Big Tech, Inc. One day, the boss calls her into his office and says, "Women just don't get tech. You're fired." Sally |
|sues. In the course of the litigation, the company discovers that Sally was pilfering paper from the company storage, and under the employee |
|handbook, this is grounds for termination. Sally's discharge is |
|[pic]A. not wrongful because gender is a bona fide job qualification for working in tech. |
| |
|[pic]B. wrongful because the employer intended to fire her based on gender. |
| |
|[pic]C. not wrongful because the employer discovered evidence that justifies the firing. |
| |
|[pic]D. wrongful because evidence can't be used in a gender discrimination case. |
| |
|Student Answer: B |
|Answer: Incorrect |
|Reference: |
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